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Freedom to Operate Patent Review
Full semantic search and analytics do not only allow for much more efficient FTO patent review, but to integrate R&D and Marketing into the FTO process.
Freedom to Operate (FTO) is the process of determining whether or not a product
can be made, used, offered for sale, or sold without infringing another’s valid,
enforceable patent. Not only is this review considered before launching a new
product or manufacturing process, it also applies to research and development
activities that also can lead to liability for patent infringement.
In general, an FTO analysis begins with a description of the product or process
to be cleared, and a search is crafted to discover all patents related to that
product. The patents are reviewed and their relevance to the product determined.
If a patent is found to be particularly relevant it must be avoided (typically
by re-designing the product to avoid the patent claims) or licensed.
An FTO analysis should be initiated before significant time and money have been
spent on a new project. As with any cross-country trip, the known obstacles are
easily avoided by planning your trip in advance.
Today, FTO determinations can require the analysis of hundreds of patents and be
very expensive. Therefore, a company must first decide whether or not to invest
in an FTO analysis. With Pantros IP semantic Search and Analytics, it is
different. Even a description of a project in extensive detail does not anymore
require a bevy of legal staff and hundreds of hours to complete FTO analysis!
The searcher relies on appropriate search terms; he can only provide an accurate
search to the extent that he is given accurate input. As semantic search allows
to search by natural language text, a product or process description of any
detail directly serves as search string (copy & paste). The system compares
technical information of a project directly with individually selected national,
international or combined patent databases and returns potentially effected
patents in order of relevance to the search text. Interactive screens and
functions confront the patent claims directly with each other or against a
product description to quickly identify a necessary design-around of potential
problem patents.
Today, an outside or in-house counsel may lack sufficient time to dedicate to
the process. Pantros IP tools do not only speed up the entire process, they
integrate related technical staff or the marketing director on the FTO team,
because marketing may need to know the limits of the FTO clearance and what can
and cannot be advertised about a product. Further, in considering a
design-around, marketing staff may be able to identify technically good
design-arounds that are nonetheless no-starters from a marketing perspective.
The system allows an accurate record, filing or download of the results for
everyone on the FTO team to review the search strategy and results any time
online or offline.
The FTO status changes when new patents issue and old patents expire and project
details are subject to continual evolution. To monitor the patent landscape
during the entire R&D process and to meet all follow-up requirements for your
FTO needs, Pantros CIA Alerts maintain weekly watches on published applications
to directly compare new claims with project details identifying necessary
technical changes.
The Pantros IP PORTFOLIO MANAGEMENT solution including all search, alert and
analytic functions allows reliable and easy navigation across the patent
landscape and it minimizes financial shocks. All tools and databanks are
accessible online and allow interaction of all users covered by corporate
accounts.
Advantages
Semantic Relevance Ranking
Obscurity Discover
Claims Test
Competitor Blocking
Validation
Reduced Costs |
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